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Dutch appeals court orders Govt to stop exports of F-35 parts to Israel, citing Gaza war

An appeals court ordered the Dutch government on Monday to halt the export of F-35 fighter jet parts to Israel, citing a clear risk of violations of international law. A trio of human rights organizations brought a civil suit against the Netherlands in December, arguing authorities needed to reevaluate the export license in light of Israeli military action in the Gaza Strip. “It is undeniable that there is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law,” Judge Bas Boele said in reading out the ruling, eliciting cheers from several people in the courtroom.

Quick Read

  • Dutch Court Halts F-35 Parts Export to Israel: An appeals court in the Netherlands ordered the government to stop exporting F-35 fighter jet parts to Israel due to a clear risk of international law violations related to Israeli military actions in Gaza.
  • Human Rights Organizations’ Lawsuit: The lawsuit, initiated by Oxfam Novib, Pax Nederland, and The Rights Forum, argued that the Netherlands’ involvement in transferring aircraft parts could implicate them in potential war crimes by Israel.
  • International Reaction: The ruling reflects growing international scrutiny over arms sales to Israel, with similar legal actions and legislative proposals in the UK and the US aimed at restricting weapons exports.
  • UN Intervention: The decision comes after the UN’s top court ordered Israel to prevent acts of genocide and minimize civilian harm in Gaza, a directive that may have influenced the Dutch court’s ruling.
  • Potential for Future Exports: The court’s decision allows for the possibility of exporting parts for F-35 aircraft used in operations outside of Gaza, contingent on Dutch authorities’ compliance with international law.
  • Government’s Response: The Dutch Ministry of Foreign Affairs is reviewing the court’s decision, with an eight-week window to file an appeal, during which the export prohibition remains in effect.

The Associated Press has the story:

Dutch appeals court orders Govt to stop exports of F-35 parts to Israel, citing Gaza war

Newslooks- THE HAGUE, Netherlands (AP) —

An appeals court ordered the Dutch government on Monday to halt the export of F-35 fighter jet parts to Israel, citing a clear risk of violations of international law.

A trio of human rights organizations brought a civil suit against the Netherlands in December, arguing authorities needed to reevaluate the export license in light of Israeli military action in the Gaza Strip.

“It is undeniable that there is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law,” Judge Bas Boele said in reading out the ruling, eliciting cheers from several people in the courtroom.

The exports must cease within seven days.

FILE – Netherland’s Prime Minister Mark Rutte speaks during a press conference at the Serbia Palace, in Belgrade, Serbia, on July 3, 2023. The four parties that make up Prime Minister Mark Rutte’s ruling coalition are in tense talks over ways to rein in migration, amid speculation the thorny issue could bring down the administration and force a general election. Rutte, the Netherlands’ longest serving premier, presided over late-night meetings Wednesday and Thursday that failed to broker a deal. More talks were planned for Friday, July 7, 2023. (AP Photo/Darko Vojinovic)

The decision came as Dutch Prime Minister Mark Rutte traveled to Israel to meet with Prime Minister Benjamin Netanyahu to discuss the conflict. Rutte was also expected to separately meet with Palestinian Prime Minister Mohammad Shtayyeh.

“We are extremely grateful that there is justice and that the court was willing to speak out on justice,” lead lawyer Liesbeth Zegveld told reporters after the hearing.

Palestinians mourn relatives killed in the Israeli bombardment of the Gaza Strip at a hospital morgue in Rafah, Monday, Feb. 12, 2024. The Israeli military said early Monday that it had rescued the two hostages from captivity in the Gaza Strip. The operation, which was accompanied by airstrikes, killed dozens of Palestinians, according to local health officials. (AP Photo/Fatima Shbair)

Oxfam Novib, Pax Nederland and The Rights Forum filed the case in December. They argued the continued transfer of the aircraft parts makes the Netherlands complicit in possible war crimes being committed by Israel in its war with Hamas.

In January, a lower court sided with the government, allowing the Dutch to continue sending U.S.-owned parts stored at a warehouse in the town of Woensdrecht to Israel. The Netherlands is home to one of three F-35 European regional warehouses.

Other countries are also considering restricting weapons sales to Israel. Human rights groups in the United Kingdom have brought a similar suit against their government, attempting to block weapons exports to Israel.

Sen. Chris Van Hollen, D-Md., center, is joined by fellow Democrats as they discuss a national security memorandum with the Biden administration aimed at ensuring all weapons acquired through U.S. security assistance is used in line with international law, including international humanitarian law, at the Capitol in Washington, Friday, Feb. 9, 2024. Van Hollen is joined by, from left, Sen. Elizabeth Warren, D-Mass., Sen. Dick Durbin, D-Ill., Sen. Peter Welch, D-Vt., Sen. Ed Markey, D-Mass., and Sen. Jon Ossoff, D-Ga. (AP Photo/J. Scott Applewhite)

In the United States, Democrats in the Senate are pushing a bill that would require President Joe Biden to get congressional approval before greenlighting weapons sales to Israel.

Late last month, the U.N. top court ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza. Although that decision was made after the appeal in the Dutch case was heard, the groups’ lawyers say judges likely considered the legally binding order from the International Court of Justice.

The decision left some room for Dutch authorities to export parts of the aircraft being used in operations other than Gaza.

The Ministry of Foreign Affairs said it was studying the decision. The government has eight weeks to appeal, though the prohibition on exports will remain.

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